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HomeMy WebLinkAbout20190448 Ver 1_CAMA Application_20190409ROY COOPER Governor MICHAEL S. BEGAN Secretary BRAXTON C. DAVIS Director April 11, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg.bodnar(a)ncdenr.gov SUBJECT: CAMA / Dredge & Fill Application Review Applicant: Patrick Kiley Project Location: 2925 Mill Creek Rd., Newport NC 28570 Proposed Project: To construct a bridge for private use traversing an unnamed tributary of Harlowe Creek, Carteret County. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar by April 30, 2019 at the address above. If you have any questions regarding the proposed project, please contact Gregg Bodnar at (252) 808-2808. When appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. .Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE NORT C/.RWN � ��R Doorman or F-UQ-41*0 Do" North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252.808.2808 j a l •yv Iapece AE Thu line ForF affirg DWl DEED OF TRUST When recorded, return m: First Bank Atm: Post Closing Department 101 N. Spring Slaves Graensboro, NC 27401 This document was Iprepared by: First Bank rim'/ 101 N. Spring St Graansbom, NC 2740.1 FOR REGISIRRIION REGISIER OF UEEDS Ca,lanet Count yNC June 08, 2018 10:51.49pM Buc DIT 11 p FEE- $64 DO FILE # 1610323 LOAN 0:2800018172 MIN 1001973-0000`1012114-4 MERS PHONEY: 4488"794i377 DEFINITIONS Woods used in multiple sections of this document ere delir e l below and other wads are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rulas regaodbrg the usage of wants used in this document as also provided In Section 16. (A) "Security Instrument" means this document, which is dated June 6, 2018, together with all Riders to this document. (B)"Bomower"is PATRICK M.KILETANDINIFE, GINA L. LEONE. Borrower is the W storunderthis Semrdy InsimmeM. (C)"Lender"is Flnt Bank Leader is a NC Corpaetion, North Carolina. Southam Pimm, NC 28307. ID)'Trusteeu is IGrsten Elk fsan Foyles. Esq.. Organized and existing under the laws of Lender's address is 300 BW Broad Street, (E) "MERS" Is Mortgage Electronic Regintmfion Systems, Inc. MERS; is a separate corporation Mat Is acting solely as a nominee for Lander and Lender's..me. and assigns. MERS is the beneficiary under this Security Inatrument MERE is organized and existlng under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint. MI 48501-2026, tel. (888) 67848ERS. NomM CaionINA-8agle Fesily-Fwnle MaWookiM Mee UNIFORM INSFRWERr Form 3034 unit In16als: SH.Mee, ins Page 1 Of B N EED 0315 NCEasEO (US) OW05R01B OB.In Mr PST 1zlek (a EI t91•D JAN 2 3 2019 oom-ml l(s CITY 1610323 LOAN 0: 26000181M (F) "Note" means the promissory note signed by Borrower and dated Jun@ 6, 2018. The Note stales that Bonuwer owes LaMar THREE HUNDREDTHIRTY TWO THOUSAND AND NO/100.............. ...........«.."..................................... Dollars(U.S. $332,000.00 ) — — - --. - — ---- - -- -plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in Poll not later- - - Man July 1, 2010. (G) "Property" means the property Mat is described below under ape heading 'Transfer of Rights in Me Property.' (H) "Loan" means the debt evidenced by the Note, plus intemsl, any prepayment charges and late charges due under the Note, and all cams due under Mis Security Instrument, plus interest. (1) 'Riders' means all Riders to this Security Instrument Mal are executed by Bmrower. The following Risers are to be executed by Sonower [check box as applicable]. ❑ Atljustsbie Rate Rider O Condominium Rider Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Curial.) [specify] ❑ 14 Family Rider ❑ Biweekly Payment Rider ❑ V.A. Rider (J) "Applicable law" means a0 controlling applicable federal, state and local exudes, regulations, ordinances and administrative rules and orders (that have Me effect of law) as well as all applicable final, non -appealable judicial opinions. (IQ"CommunftyA.ociag nDoes, Fees, and Assesamens"means all dues, time assessments and other charges that are Imposed on Borrower or Me Property by a condominium association, homeowners association or similar (L) "Electronic Funds Transfer' means any transfer of funds, other Men a transaction originated by check, tlmg, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape an as M order, Instruct, or authorize a financial institution M debit or credit an account. Such teem includes, but is not limited to, point -orf -sale transfers, automated teller machine transactions, hardifers initiated by telephone, wire minsters, and automated dearingheuse transfers. (M) •Eacrow Name" means those Mems that are described in Section 3. IN) "Mlscallarmous Proceeds" means any compensation, Settlement, award of damages, or proceeds paid by any third party (other than Idsmance proceeds paid under Me coverages described in Section 5) for. (1) damage m, or destruction of, the Property; (ii) condemnation or other taking of all or any pad of Me Property; (iii) conveyance in lieu of condemnation: or (Iv) misrepresentations of, or omissions as to, Me value andior condition of the Property. (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on. Me Loan. (P) "Periodic Paymenr means the regularly scheduled swum due for (I) principal and interest under the Note, plus (Ii) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Ad 112 U.S.C. §2001 at seq.) and Its implementing regulation, Regulation %(12 C.F.R. Part 1026), as they might be amended from lima to time, or any additional or successor legislation or regulation that governs the same subject mater. As used in Mis Security InsWment, "RESPA" refers to all requirements and restrictions Mat am imposed in regard to a Yederally related mortgage Ivan" even 9 Me Loan does not quality as a'4ederally related mortgage loan' antler RESPA. (R) "Successor in Interest of Borrower" means any Party that has taken title to the Property, whether or not Mat parry hoe assumed Borrowers obligations under Me Note addict this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary d this Security Instrument is MERS (sd elyas nominee for Lender and Lender`s successors and assigns) and the su.sessom and assigns of MERS. This Security Instrument secures to Lewder. (1) the repayment of the Loan, and all renewals, extensions and modifications of Me Note: and (IQ Me performance of Borrower's covenants and agreements under this Security Instrument and %e Note. For this Wrpose, Sommer irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in must. with power of sale, the following described property locuted In the County nYw or decmasg aweadianld Carteret IWne x ibit W attache N: Sao Exhibit'A' attached Mreto and made a part hereof _ whlc, curre ily has the address of 2925 MILL CREEK ROAD, Newport, North Carding 28870 P Islrea9lq tin @o Coael TO HAVE AND TO HOLD this Property unto Trustee and Trustee's successors and assigns, forever, together WM all the improvemens now or herea0er erected on Me properly. and all easements, appudenancis, and fixhees now or hereafter a partd the property. All replacements and additions shall also be covered by this Security Inshu L All of the Mrsgoing is retained Win this Security Instrument as the "Property- Borrower understands and agmen at MERS NOR1NCaRmINAS6ple Family;anni. YanFntltlie Nac UNFelal INSIapYFM Fnrm10N 1M1 InMala: ON W. Ix. Page 2 of ..FE. oars NCME£D (CLS) paaeRmaOBMp AM PST 1610323 LOAN F 2600016172 holds only legal We M the interests granted by Borrower in this Security Instrument, but, t necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has Me ril to exercise any or all of those interests, including, but not limited IS, the right to Mreotose and sell the Property; and to take any action required of Lender including, but not Handed to, releasing and canceling this Security Instrument - BORROWER COVENANTS that Borrower is lawfully seised of Me estate hereby conveyed and has Me right to grant and convey the Property and Mat Me Property is unenormbared, except for encumbrances ofrecord. Serovar warrants and well defend generally the title to Me Property against a0 claims ate demands, Subject to any encumbrances of record. THIS SECURITY INSTRUMENT comNnes uniftrm covenants for national use and ncmumhorm covenants with lunged variations by Jurisdiction to constitute a uniform security Instrument covering real property. UNIFORM COVENANTS. Borrower and Lender Meanest and agree as fellows: 1. Paymentof Principal, IrMresq Escrow Items, Prepayment Charges, and late Charges. Borhmvar shag pay when due the principal of, and interest on, Me debt evidenced by the Note end any prepaymenlcnarges and late charges due under Me Note. Sommer shall also pay tends for Escrow Items pursuant to Section 3. Payments due under Me Note and this Security Instrument shag be made in U.S. currency. However, deny check or other Instrument received by Lender as payment under Me Nate arthis See trity Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made Mane ormwe of the, fodoWng forms, as selected by Lender. (a) cosh; (b) money order, (c) certified check, bank chert, treasurers check or cashier's Mack, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments ere deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lander in accordance with the notice provisions in Section 15. Lender may return any payment or patlW payment if the payment or partial payments are msuMdent W bring Me Loan anent. If Borrower has breached any covenant or agreement in Mis Sall Instrument and Lender has accelerated the obligations of Borrower hereunder Nmeant to Section 22 then Lender may accept any Payment or partial payment imufgdent to bring Me Loan current, without waiver of any rights hereunder or prejudice to Its rights to refuse such payment or partial Payments In the future, but Lender Is cwt obligated to apply such payments at the Ione such Payments am accepted. Beach Periodic Payment is applied m of its scheduled due Sato, Men Lender need not pay stme d on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment bring Me Loan current. d Borrower does rwl do so within a reeeonable period of time. Lender shall either apply such funds or return them to Borrower. If Trot applied earlier, such tends will be applied to Me outstanding principal balance under the Nate immediately off to foreclosure. No offset or claim which Borrower might have mew or In the future against Lender shall relieve Borrower from making payments due under Me Note and this, Security Instrument or performing the covenants and agreements secured by this Security Instrument 2- Application of Payments or Proceeds. Except as otherwise descibed in MIS Sectil all paymentsaceeptid and applied by Lender shall be applied in the following order of priority: (a) Interest due under Me Note; (b) principal due under the Note; (W amounts due under Section 3. Such payments shall be applied to each Pedodic Payment in Me due under this Security Instrument, and than to reduce the principal balance of the Note. If Lender receives a payment from Burrower for a delinquent Periodic Payment which includes a sufficient amount to pay any IoM charge due, Me payment may be applied to Me delinquent payment and Me late charge. If more Man one Pull Payment Is outstanding, Lender may apply any payment received from Borrowerto Me repayment of the Periodic Payments if, and to the axtenitlat each payment can be paid in tell. To the extant that any none exists after Met payment is applied to the full payment of one or mare Periodic Payments, such excess may be applied M any We charges due. Voluntary prepayments shall be applied first to any prepayment charges and Men as described In the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or pompon Me due date, or change Me amount, a the Periodic Payments. 3. Funds for Esamw deme. Borrower shall pay M Lender an Me day Periodic Payments are due under Me Now, until the Note is paid M MTI, a sum (Me'Funds) to provide for payment of amount due far. (a) taxes and assessments and other fterre which can again priority suer this Security Instrument as a lien or encumbrance on Me Property, (b) leasehold payments or ground rents on the Property, H any: (c) premiums for any and all Insurance required by Lender under Section 5; and (d) Mortgage Insurance Premiums, If any, or any sums payable by Borrower to LaMar in lieu of the payment of Mortgage Insurance premiums in accordance with Me provisions of Section 10, These items are called 'Escrow Iwms.'At origination or at any time during the term of the Loan. Lender may require that Community Association Sues, Fees, and! Asseas a nun, if any, be "crowed by Borrower, and such do", fees and assessments shall be an Escrow Item. Bomower shall promptly furnish to Lender all notices of amounts M be paid under this Section. Sommer shall pay Lender Me Funds for Escrow Items unless Lender waives Bmrower's obligation W pay the Funds for any or all Esoow Ilam. Lender may waive Borrower's obligation to pay to Leader Funds for my or all Escrow items m any time. Any such warier may only be in witting. In the event of such waiver, Bon sour may pay directly, when and where payable, - shall famish to Lender recall evidencing such Payment within such time period as Lender may require. Bamower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in MIS Security Instrument, as Me phrase 'covenant and agreement' is used in Section 9. If Borrower is obligated to pay Escrav Items directly, pursuant to a waive, and Borrower fails to pay Me amount due for an Escrow Item, Lender may, exercise is rights under Section 9 and pay such amount and Borrower shall Men be obligated under Section 9 to repay W Lender any such amount Lender may revoke Me walver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and. upon such revocation, Borrower shall pay W Lender all Funds, and In such amounts, that are Men required underthis Section 3. Lender may, at any time, called and hold Funds in an amount (a) sufficient to permit Lentler W apply Me Funds at Me lime specified under RESPA. and (b) not to exceed dre maximum amount a lender win require under RESPA Lender shall estimate tie amount of Funds due on Me basis at cement data and reasonable SatimMes of expenditures of W Wm Eecmw Items or otherwise in accordance with Applicable law. aroma cARp4aY-segle Pwor,-hmie M.W.&dw Mc aa6eaM INSIMIIMEM Form 30M 1101 Inldals: Bell Page 3 of NCIDEEb 0315 NCfLEED (CLs) Ba'0.�i12o1 s OB:M AM PST G .R BTOV,ii �' JAN � 3 2019 Ca( Ufa i' Hff'2 UTY 1610323 IRAN M: 2600010172 The Funds shall be held in an instiuton whose deposits are insured by a (¢deal agency, instrumentality, or entity (Including Lendeq ff Lender is an institution whose deposits are so insured) or In any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the fime specified under RESPA. Lender shag not charge - - . __... .... ... _ Bonovrer for holding and applying Me Funds, annually analyzing to escrow account, or verifying the Escrow. Rome, unless Lender pays Borrower interest an the Funds and Applicable Law pemlils Lender to make won a charge. Unless an agreement is made in writing orApplicable Law requires interest to be paid on Me Funds, Under shall not be required to pay Borrower any interest or earnings on Me Funds. Borrower and Lander can agree in willing, however, Mat Interest shell be paid on Me Funds. Lender shall give to Borrowap without charge, an annual accounting of Me Funds as required by RESPA If More Is a surplus of Funds held in escrow, ss defined under RESPA, Lender shall account lo Bonower for Me ekcess fund. in accordance WM RESPA.9 Mere M a shortage of Funds held In escrow, w defined under RESPA, Lender. shall Mal Burrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up Me shortage in accordance with RESPA, but In no more than 12 monthly"Monts. If Mere is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall malty Borrower as raqulred by RESPA and Borrower shall Pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but In no more than 12 monthly Payments. Upon payment in full of all some secured by this Security Instrument, Under shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Soan7wer shall pay all takes, assessments,charges, Mas, and Impositions attributable W Me Property which can attain priority over this Security Instrument, household payments or ground rents on the Property, ffarry, and Com umlyAasocistion Maui, Fees. and if an, To the silent Mat these gems are Esornw items, Bormwer shal pay them in the manner provided in Section 3. Borrower shag promptly discharge any lien which has priority over the Security Intlmmem unless Borrower. (a) Woes in writing in the payment of the obligation secured by the lien m a manner acceptable to Lentler, but only as long as Borrower is periorming such agreement; (b) contends Me lien In good falth by, or defends against enforcement of Me Iden In, legal proceedings which In Lender's opinion operate to prevent the enforcement of the Iden while Mose proceedings are pending. but only orml such proceedings am concluded; our (c) secures from Me holder of Me lien an agreement sugefactory to Lender subard iraing the lien to Mis Security Instrument. If Lender determines Mal any pad of Me Property is subject to a Iden which can shat pnodty, over this Security Instrument, Lender may give Borrower a notice identifying the Iden. Whin 10 days of the date on which that notice M given, Borrower shall setisly the lien or take one or more of the actions set font above In this Section 4. Lender may require Bonowerto pay orsFtime charge fora real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep Me improvements now azialirg or hereafter erected on Me Property insured against loss by fire, hazards included within the tams `edended coverage; and any Muer hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in Me amounts iincluding deducible levels) and for Me periods that Lender requires. What Lender requires pursuant to Me preceding sentences can change during Me term of to Lown. The insurance carrier providing Me insurance shall be chosen by Borrower subject to Lenders right to disapprove Borrower's choice, which right shall not be exemised unreasonably. Lender may require Borrower M pay, in connection with this Loan, either. (a) a one-time charge for good zona determination, cedtcation and tracking services; or (b) a one -lima charge for flood zone determination and cargficetion services and subsequent charges each 6mG remappings or similar changes occur which reasonably might affect such determination or certification. Burrower shall also be responsible for the payment of any fees Imposed by Me Federal Emergency Management Agency In connection with ties review of any flootl arm determination resulting from an abjection by Borrower. If Borrower falls to maintain any of the coverages described above. Lender may obtain insurance coverage, at Larder's option and Borrower's expense. lender Is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lentler, but might or might not protect Borrower, Borrower'a equity In Me Property, or the contents of the Property, against any Oak, hazmd or liability and might provide greater or leaser coverage than was previously In effect. Bormwer acknowledges Mal Me cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under Mis Section 5 shall become addiMnal debt of Borrower secured by this Security InsMmuenl. Theo amounts shall bear interest at the Note rale from the data of disbursement and shall be payable, with such Interest upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policiesshall be subject to Lender's night to disapprove such policies, shell Include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional looks payee. Lender shall have Me right to hold Me policies and renewal certificates. B Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 6Borrower obtains arty loam of insurance coverage, not otherwise required by Lentler, for damage to, or destruction of. the property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. _ - - - - In the event of loss, Borrower shell give prompt Mill to the insurance carder and Larder. Lentler may make proof of loss If not made promptly by Borrower. Unless Under and Borrower otherwise agree In writing, any insurance proceeds, whether or not the underlying Inwance was required by Lender, shall be applied to reaeration or repair bt the Property, ifMe restoration or repelr Is economically feasible and Lender's security is not lessened. DUMB such repair and restomthn peril Under shell have the right to hold such Insurance proceeds unfit Under has had an opportunity to inspect such Property to ensure Me work has been completed to Lender's sairsachon, provided Mal such Inspection shell be undertaken promptly. Lender may disburse proceeds for the repels and restoration in a single payment or in a sense of pmgms , payments as Me wort is completed. Unless an agreement is made In writing or Applicable law requires interest to be paid on such Insurance proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such proceeds. Fees for public adjusters, or other Mid parties, retained by Borrower shall not be paid Mut of the insurance proceeds and shell be Me sole obligation of Borrower. If the caseation or repair Is not economically feasible or Lender's security would be lessened, Me insurance proceeds shall be applied to Me sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Insurance proceeds shall be applied in the order provided for in Section 2. NMRIN CAROUNASil Fam%r arab MaNFnWM Mhc UNFmMINarRUMFNf Farm fa%1101 Initial$: N �L"}V]"�• all Mae, Inc Page 4 or NCEOEEO oa15 Ncornal fcL ) NA44I18 W:10AMPST 1610323 LOAN 0:26000181/2 If Bomower abandons the Pmpeny, Lander mayfile, negotiate and settle any available insurance claim and related matters. If Borrower dues not respond within 30 days to a notice from Lender that Me insurance carrier has offered to settle a claim then Lender may regotiate and cede the claim. The 30 -day period will begin when the notice is given In either event, or ff Lender acquire'; the Propend under Section 22 or otherwise; Borrower hereby assigns to Lender - - - - -- - - (a) Br rowers rights to any insurance proceeds in an amount not to exceed Me amounts unpaid under he Note or his Security Instrument. and (b) any other of Borrower's rights (other Man he right o any refund of unearned premiums paid by Borrower) under all insumnce policies covering Me Property, Insofar as such rights are applicable to the moorage of the Property. Lender may use the insurance proceeds either M repair or aware Me Properly or to pay amounts unpaid underthe Nate orthis Security Instrument whether or nations due. 6. Occupancy. Borrower shall occupy, establish; and use Me Property as Borrower's principal incidence within 60 days afterthe execution of this Security Instrument and shall continue to accupythe Property as Borrower's printlpal residence for at least ane year after the data of occupancy, unless Lender otherwise agrees in writing, whINI consent shall not be unreasonabty vdlhheld, or unless extenuating circumstances exist which am beyond Borrowers control. i. Preservation, Malydatnansa and Protection of the Property, lmpeNona. Sommer shelf not destroy. damage or In the Propaly, Bummer shall marten this, Propend in order to prevent Me Property from delaoregng or decreasing In vete due In its condition. Unless It Is determined pursuant to Section 5 that repair or motorman is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid fuller deterioration or damage. If Insurance or condomnation proceeds am mail in connection with damage to, athe taking of, Me Property,Buroeeraell be responsible fpr repairing or morning the Property only if Lander has released proceeds for such purposes. Lender may, deburw proceeds for Me repairs and restoration in a single payment or in a seise of progress payments as the work is completed If Me b tura ce a condensation pmce,ds sm not su ficienlo repair or restore the Property, Samovar is not relieved of Bo ninver's obligation forge completion of each repair or accusation. Larder or its egad may make reasonable entries upon and Inspections of the Property. If it has reasan'able cause. Lender may Inspect the Interior of Me Improvements an the Property. Lander shall give Borrower notice at Me time of or prior o such an interim inspection specifying such reasonable cause. It. Borrowers Loan Application. Borrower shag be In default H, during the Loan application process, Borrower or any persona or entitles aping at the direction of Borrower awith Borrowers knowledge or mnsent gave maerially (else, misleading, or Inaccurate Information u statements In Lander (erfalled to provlde LenderwlM material information) in connection with the Loan. Material representations Include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrowers principal residence. A Protection of Lender's Interest In the Property and Rights Under this Security lnstrumerd. R(a)Borrower falls o perform the covenants and agreements contavred in this Security Instrument (b) there Is a legal proceeding Met might significantly affect Lender's interest in the Property andfor rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a fieri which may again priority over this Security Instrument or to enforce laws or rmdatiane). or to) Borrower has abandoned the Propend, than Lender the Properly. Lander's actions can include, but are not limited o: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in mud; and (c) paying reasonable attomays' fees to protect its interest In the Property and/or rights under this Securely Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Pmpedy to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities ruined on or off. A dv ugh Lender may take action under this Section 9, Lander do" not have to do m and is not under any duty or obligation to do so. It is agreed Met Lender Incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt at Borrower secured by this Security Instrument. These amounts shall bear interest at Me Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is an a household Borrower shall comply with all Me provlNons of Me know. Borrower Nag not summon the leasehold made and Imereebl herein conveyed or terminale or cancel he ground lease. Borrower and W, wghoul Me express written consent of Lender, altar or amend Me ground loose. ff Sarmwer acquires fee title to he Property. the leasehold and the fee tae shag not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lander required Mortgage Insurance as a condition of making the Loan. Burrower shall pay Me premiums required In maintain he Mortgage Insurance in effect. If, far any reason, the Mortgage Insurance coverage required by Lendercemes to be available from the mortgage insurerthat previously provided such insurance and Borrower was required to make separately designated payments toward Me premiums for Mortgage Insurance, Borrower shall pay Me premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to he cost o Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lander. If substantially equivalent Mortgage Insurance coverage I. not available, Borrower shell continue to pay o Lender Me amount of Me se ceraleN designated payments Mat were due when the Insurance ceversgs ceased to be In effect. Larder will accept, use and retain these payments as a corn refundable Ions reserve, n permitted under Applicable taw, in lieu of Mortgage Insurance. Such lass reserve shall be mr-refundable, notwithstanding the fact Mat the Loan is ultimately paid In full, and Lards shall not be required In pay Borrower any Interest or earnings an such loss reserve, If permitted underApploahle Law. Lander can no longer require loss reserve payments If Mortgage Insurance coverage (In the amount and far Me penod Met Lender requires) provided by an insurer selected by LaMar again becomes available, is obtained, and Lender requires "Widely designated payments toward Me premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay Me premiums required o maintain Mortgage Insurance in snack if pennibed under Applicable Law. or o provide a nervrefundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such nomination a until tannndon is required by Applicable Law. Nothing in this Section 10 agents Borrower's obligation to pay hr7r at the rate provided in the Note. - ryfl\ NOM CMONNA-InVIe Fmilt- weir Mae MddN Mu UNFD IN;TRII Poem 30M on hltlat.: t =� EIIb Mei,, Inc. Page s d 9 vNMEE , adds KcabeeD(cLa) On05ioNSO MAMP5T Y` .WED ,JAN 2 3 2019 �;�C�''...ut`4N4 s� C9 R Y 1610323 LOAN g! 2600018172 Mortgage Insurance reimburses Lender (a any entity that purchases the Nate) for certain leases it may incur if Borrower does not repay Me Loan as agreed. Borrower Is net a parry ta the Mortgage Insurance. Mortgage insurers evaluate Wait total risk on all such insurance in force from time to time, and may enter into .. agreementswith other partiesthat share or modify their nsk,nr reduce lasses. These agreements are on term: and _.... conditions that are setisiactay to the mortgage insurer and the other party (a parties) b Mese agrearnents. These agreements may require the mortgage insurerto make payments using any source affords Mat the mortgage insurer or any affiliate of any of Me foregoing, may receive (directly or Indirectly) amounts that derive hem (or might be characterized as) a polgon of Borrower's payments for Mortgage Insurance, in exchange for sharing m modifying the mortgage insurers flak, or reducing losses. If such agreement provides Mel an affiliate of Lander takes a Share of Me insurer's risk in exchange for a share of the premiums paid to We irsumr, the arrangement Is often homed 'captives reinsurance.' Further. - (a) Any such agreements will not affect the amounts Mat Borrower has agreed to pay for Mortgage Insurance, or any oth ste eco ofthe Loon. Such agreements will not Increase the amount Somowerwlll owe for mortgage Insurance, and they will not entitb Borrower to arty refund, (b) Any such agreements will] not affect the rights Borrower has - If any • with respect to Me Mortgage Insurance underthe Homeowners Prole.1ma Act of 1996 orany otherlaw. These rights may Mcludethe dealt, Insurance terminated automatically, Snuffer to receive a refund of any Mortgage Inaurfnee premiums that were unearned at the time of such "armistice a temnlnadon. li. Assignment a Misoelleneous Proceeds; Forfegure. All Miscellaneous Proceeds are hereby assigned Wand shall be paid to Lender. If 9w Property is damaged, such Miscellaneous Proceeds and be applied to esti ation or repair of the Property, It the restoration or repair is economically feasible and Lenders security Is not lessened During such repair and restoration period, Lander shall have the right to hold tuck Miscellaneous Proceeds until Lander has had an opportunity W inspect such Properly to ensure the work has been completed to Lenders satisfaction, Provided that such Inspection shall be undertaken pmmpffy. Lander may Pay for the repairs and maturation In a single disbursement or in a cedes of progress payments as Me work is completed. Unless an agreement's made in wriWg or Applicable taw requires Interest W be paid on such Misceltaneaus Proceeds, Lander shah not be required M pay Borrower any interest or es mings on such Miscellaneous Proceeds. If the mstaralion a repair is not economically feasible a Lender's mouriry, would be lessened. Use Miscellaneous Proceeds shall be applied kr the sums secured by this Security Instrument, whether or not than due, with the excess, h ON. paid to Borrower. Such Mrscellarwous Proceeds shall be applied in Me order provided for in Section 2. In the event oto total taking, destruction, "as in value ofthe Pminaft Me Miscellaneous Proceeds shall be applied W the sums secured by this Security Instrument, whether or not then due, with Me excess, if any, paid to Borrower. In the avant of a pallial taking, destruction, or basin value often Pmperyin which the fah market value of We Property immediately befom Me paNal taking, destruction, or loss in value is equal to or greater Won the amount of the sums secured by this Security Instrument immetlutely before Me partial taking, destruction, or loss M value, unless Sonowa and Lander otherwise agree in wri4ng, Me sums Secured by Mks Security Instrument droll be reduced by Me amount of Me Miscellaneous Proceeds multiplied by the Whowing fraction: W) the total amount offle sums Secured immediately before me pan0al taking, deewdion, or We in value divided by (b) Me fair market value of the Property, immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the avant of a partial taking, destruction, or bas in value afore Properly in eddCh the fair market value of the Property Immediately before the partial taking, destruction, or lose In value is leas than Me amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lander omerwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are Men due. If pre Property Is abandoned by Borrower. or 8, after notice by Landerm Burro verihalme Opposing Party (as defined In the next Sentence) offers to make an award to settle a palm for damages. Borrower falls to respond to Lender within 30 days after Me data Me notice is given, Lander is authorized m collect and apply Me Miscellaneous Proceeds all hat to restoration a repair of the Property or to the sums secured by this Sam* Instrument whether ar not then due, °Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against wham Borrower has a right of acAon in regard to Miscellaneous Proceeds. Bonawer shall be In default ff any action or proceeding, whether evil or criminal, is begun that in Lender's judgment, could result in forfeiture of the Pmperty or other material impairment of Lenders interest in the Properly or rights under this Security Instrument. Borrower can cure such a default and, of acceleration has occurred, reinstate as provided in Section 19, by causing Me adlce or proceeding to be dismissed wife a ruling that, in Lenders judgment produces fodaiture of the Property or other malarial impairment of Lander's interest in the Property or rights under cols Security Instrument. The pmceeds of any award or claim far damages that are attributable to the impairment of Lender's interest In the Pmpany are hereby asdgnad and shall be paid to Lender - All Misrallaneous Proceeds that am net applied to restoration or repair of the Property shall be applied in We enter provided roc M Section 2. U. Borrower Not Released; Forbearance By Lander Not a Waiver. Extension of the time for payment or modification a amorthation of Me aurae secured by this Security Instrument granted by Lander to Borrower, or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successes in Interest of Borrower. Lender shell not be required to commencepmceedingis against any Successor in Interest of Borrower or to refuse to extend time for payment or othemise modify amortization of the sums secured by this Security Instrument by reason of any demand made by Me original Bower or arty Successors in Interest of Borrower. Any forbearance by Lander in exercising any right or remedy including, without Ilmitehon, Lander's acceptance of payments from third persons, entitles or Successors In Inhered of Borrower or in amount no than the amourdmen due, shall not be awarder of or preclude the exercise of any right or remedy. 13. Joint and Several Liability Cc,signaret Successes and Assigns Bound. Borrower covenants and agrees that Bower's obligations and liability shall be joint and several. However, any Borrower who co-signs Security NORTH CeaOLINA-Seale Fare -Feel. MaNFrome NanpNFPRM INsral tram 30MIMI InM.I.: ��— El10m, Inco Page 6 of 9 NCWEEO 0315 NCEOEEO(CL3) Oye5V010094o MHP5T 1610323 LOAN 8:2608018172 Instrument but does not execute the Note (a'cc-signer-): (a) is cosigning MIS Seoul Instrument only to mortgage, grant and comedy the cosigners Interest in the Property underthe terms of this Security Instrument (b) is not personally obligated lo pay the sums severed by Mis Security Innocent: and (c) agrees Mat Lender and any other Boeower can " agree M extend, muddy, forbear or make any accommodations with regard M Me terms of Mis Security Instrument or - -' Me Note without the co-signers consent Subject to tlhe provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in waling, and Is approved by LaMar, shad obtain all of Bonower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees M such release in waking. The covenants and agreements of MIs Security Instrument shall bind (except as provided in Section 20) and benefit Me successors and assigns of Lender. 14. Loan Changes. Lender may charge Borrower fees for services performed in connection with Barrel default for tha purpose of protecting Larval Interest In Me Property and rights underthia Security lrntrurcent inducing, but net limhed to, edomeys'lees, properly Inspection and valuation fires. I regard to any other fees, the absence of express authday in this Seamy Instrument to charge a specific fee Borrower shall not beoonstrued as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this 5ecunlly Instrument a by Applicable Law. If Me Loan is subject to a law which sets maximum loan charges, and Mat law ie finally irderpretetl so that the interest or other loan charges collected or to ba collected In connection with Me Loan exceed the permitted limit, Man: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge M the permitted limit and (b) any reduces ptlaipal, Me reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge Is provided for under the Note). Borrowers acceptance of any such refund made by direct payment to Borrower will consul a waiver of any fight of action Borrower might have arising Ord Of such mmMhwge. ii Notices. All notices given by Borrower or Lender M connection with this Secondly Instrument must be in wrong. Any notice m Bonower In mnnecdon with this Security Instrument shall be deemed to have been given to Bonower when mailed by first class mall or when actually delivered to Borrower's notice address if sent by other means. Notice to any ane Borrower shall constitute notice m all Bomewers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a subsmfute notice address by notice to Lender. Bummer shall promptly notify Lender of Borrower's change M address. It Lender specifies a procedure Mr retailing Borrower's change of address, then Rural shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone Mme. Any notice to Lender shall be given by delivering it or by mailing it by find class mall M Lender's address stated herein union Lender has designated another address by notice to Borrower, Any notice In connection with this Security Instrument shall not be deemed Mhave been gNento Lentler until actuallyneceived by lender. If any noticerequired bythis Socially Instrument Is also required underApplicable Law, the Applicable Lew requirement will safety the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed byfederal law and the law of the Jurisdiction in which the Property is located. All rights and Obligations contained in this security Instrument are subject to any requirements and limlations of Applicable law. Applicable Lew might explicitly or implicitly allow the parties agree by contract or it might be slant, but such Silence shall not be construed as a pechMitien against contract. In Me event Mat any As used M MIs Sacurdy Instrument: (a)words of Me masculine gentler shall mean and induds corresponding neuter wards orwands of Me feminine gather, (b) words in Bre singular shall mean and include Me plural and vice will and (c) the word `may' gives sole discratlon without any obligation to lake any action. 17. Borrower's Copy. Bonower shall be given one copy of Me Nola and of this Security Instrument. 18. Transfer of Me Property or a Beneficial IrMerM In Bomoww. As used In this Section 18,'In anaft in Me Property means any legal or beneficial Interest M Me Property, Including, but not limited M, those beneficial Interests transferred In a bond for deed, contract for deed, installment sales centrad or escrow agreement, Me Intent Of which is the transfer of title by Borrower at a future data to a purchaser. If a8 or any part of the Property or any Interest in Me Property a Said or transferred (or If Borrower is not a natural person and a beneficial Interest in Borrower Is sold or transferred) without lender's prior written consent Lander may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise Is prohibited by Applicable Law. If Lender examines this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less Man 30 days from the date the notice is given in accordance with Section 15 whin which Burrower must pay all sums secured by this Security Instrument. If Borrower fails to pay Mese sums prior to Me expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. - - - - 19. Bonewer's Right to Reinsbte, After Acceleration. If Burrower meats certain conditions, Bonower shall have Me right to have enforcement of Mis Security Instrument discontinued at any time prior te Me earliest of. (a) five days before Sale M the Property pursuant to any power of sale contained in this Security Instrument; (b) Such other period as Applicable Lew might specify for Me terminal M Borrowers -right to reinstate; Or (c) envy a a JMgmant enforcing one Searing Instrument. Those conditions am Mat Borrower: (a) pays Lender all Sums which Man would be due under MIs Security Instrument and Me Note as if no acceleration had ordered; (b) cures any default of any other covenants or agreements: (c) pays all expenses incurred in enforcing this Secur y Instrument, including, but not Imiked to, reasonable attomeys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting LaMar's interest in Me Property and rights under this Security Instrament and Id) takes such action as Lender may reasonably require to assure that Lender's Interest In the Property and dghts under this Security Instrument, and Henmeer's obligation tu pay Me Sums seared by Ma Security Immanent, shall continue unchanged. Lander may require Mat Bummer pay. such mo sMlemerst sums and expenses In one or mom of Me following fomrs, as selected by Lather. (a) rash: (b) money odor, (c) cedified check, bank check, treasurers check or cashier's dreck, provided any such check is drawn upon an institution whose deposits am insured by a federal agency, instrumentality or entity, or (d) Electronic Funds Transfer. Upon minalmo ment by Bormweq this Security Instrument and obligati sec NOaT10MOUNASiyle Family -Fannie M.Wredd4 Mac UNIFORM INSTRUMENT Four30341101 Initial_ EIIIeMn, lite Page 7 of 9 NCEOEEO 0315 NCEOEED ILLS) 060,5101SMADN.IPST 7 DI JAN 2 3 2019 1610323 LOAN 0:2000018172 hereby shall remain fully effective as if nor acceleration had occurred. However, this right W reinstate shag not apply in the case of acceleration under Sam= 18. W. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Severity Instrument) can be sold one or more times without prior notice W Borrower. A sale might .. result in a change in the entity (known as Me "Loan Servicer') that collects Periodic Payments due under the Note and this Security InsWment and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or mom changes of the Loan Servicer unrelatetl to a sale of Me Note. If Mme is a change of the Loan Servicer, Bomower All be given written notice of the change whirls will slate _ Me name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPAnxid es in cmnnedon with a notice d tanner of servidng. If Me Note Is solid and thereaherthe Loan Is samiced by a Loan Servicer oMarthan Me purchaser oflhe Note, the mortgage loan servicing obligations to Bomower will remain with the Loan Servicer or be transferred W a successor Loan Servicer and are not assumed by the Note purchaser ural olhemise provided by Me Nate purchaser. Neither E m over nor Lender may commence, join, or be joined to any judicial action (as eithm an individual litigant or the member of a class) Mat arises from Me other pal actions pursuant W this Security Instrument or Mat alleges Martha ether party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Som mear or LaMar has notlfietl Me Mine party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded Me other parry hereto a reasonable period after the gating of such notice to take commove. action. If Applicable Law provides a time period which must elopes before certain action can be taken, that time period will be deemed W be reasonable for purposes of this pmagmph. The notice of acceleration and opportunity to are given W Borrower pursuant to Section 22 and the notice of acceleration given W Bo senor pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take comective action provisions of this Section 20. 21. Hazardous Substances. As used In this Section 21: (a)'Hazardous Substances are Mose substances defined as toxic or hazardous substances, pollutants, or wastes by Emimnmenal Law and the following substances: gasoline, kerosene, other flammable or toxic paboloum products, toxic pesticides and herbicides, volatile solvents, materials containing asbeeWs arfurmaldehyde, and radioactive materials; M)'Envimnmental Law' means federal laws and laws of the Jurisdiction where the Property Is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup includes any response action, remedied action, or removal action, as defined in Environmental Law, and (d) an'Enviroomertal Contlltion' means a condition Mat can muse, comribute to, or otherwise trigger an Environmental Cleanup. Bormwer shall not reuse or permH the presence, use, disposal, storage, m mlease, of any He¢erdous Substances, or thmatan W release any Hazardous Substances, an m in Me Property. Stemmer shall not do. nor allow anyone else W do, anything effecting the Property (a) that Is in violation of any Environmental Law, (b) which meshes an Environmental Condition. or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The precedfing two sentences shall not apply W the presence, use, mstorage an the Property of small small of Hazardous Substances Mat am generally recognized to be appropriate to normal residential uses and W maintenance of Me Property (including, but not limited to, hazardous substances In consumer produce). Borrower shall promptly give Lender written notice of (a) any Investigation, claim, demand, Iawsuft or other action by any goeemmental or regulatory agency or private pant involving the Property and any Ha Wous Substance or Environmental Law, of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, looking, discharge, release or threat of release of any Hazardous Substance, and (c) any cendition caused by the presence, use or release of a Hazardous Substance which adverselyaffects the value of Me Property. If Borrower loam, or is notified by any gmemmenal or regulatory aulhoily, or any private party, Chet any removal or other remediation of any Hmamous Substance affecting Me Property Is necessary, Somarver shall promptly take all necessary remedial actions M accordance with Environmental Law. Nothing herein shall create any obligalion on Lender for an Environmental Cleanup. NONUNIFORM COVENANTS. Burrower and Lender fuller covenant and agree as follows: 22. Acceleration; Remedies. Lander shall give notice W Borrower prior to acceleration following Somavei eurn d; an, Metal the default ry result In error before thadale specified Inthe notice, Leadoat its option may mqulmimmedia paymentM full ofall sumo secured by this Security Instrument without furtlwr demand and may Invoke the power of sale and airy other remedies permfimd by Applicable Lew. lender shall be entitled to coiled all expenses Incurred in pursuing the remadles pnoWded In this Seaton u, Including, but not Merged to, reasonable aftomays' faes and eesfa d riga evidence. IF LaMar Invokes the power of Gale, and ff it is determined In a hearing held In a muslanee with Applicable Law that Trustee onn proceed W saki, Trusme shall asks ouch action regarding notice ofea s and shall give such actions to Borrower and to other persons as Apleficabla Law may requfrs. Ager the time required by Applicable, Law and after publication of the notice of ads, Trustee, "gone demand an Borrower, shag sell the Property at public auction W MB highest bidder at the time and place and untler the terms designated In Me notice of safe In one or am parcels and in any order Trustee delonnlnes. Lender or its designee may purchases Me Property at any sale. Truslee shall deliver to the purchaser Trustless'. dead conveyl the Property without any covenant or warrants expressed or Implied- The models in the Trustee's deed shall be prima tack evidenced Me truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, inducting, but rid larged to, Trustee's fees of 5.011% of the grass sal rice; (b) to all sums secured by this Security Instrument; and (c) any excess W the person o pemorm Iagaly ed NORTH CRRpIINYShgle Ferlly-Forte MawFndd'e Mae UNWMM INSTNUMEM Fwm loth an Initial.: E➢M We Ina. Page a of 9 NOEOEEe 0315 WMEEO (CLS) MMitNISMADAMPST 1610323 LOAN 0:2600018172 it. The interest rate set forth in the Nate shall appy ~or before or after any Judgment on the indebtedness evidenced by the Note. 23. Rebase. Upon payment of all sums secured by this Security Instrument Lender or Trustee shall carrel Mia Security Instrument. If Tmslee is requested to release this Security Instrument, all nobs evidencing debt seared by this Security Instrument shell be sunendered to Tmslee. Sommer shall pay any remrda5an mels. Lender may charge Bohmvrer a fee for rebasing this Semrity Instrument, but only lithe fee Is paid to a Mirtl parr services rendered and the charging of the fee Is permitted under Applicable Law. M. Substitute Trustees Lender may from time to time remove Trustee and appoint a succe tear trustee to any Trustee appointed hereunder by an instrument recorded In the county in which this Security Instrument Is recorded. Wthoutmnveyarns Were property, the successortrualee shall succeetl to all the tone, pveerand dales cambered upon Trustee herein and by Applicable Lew. 25.. Atomeys' Fees. Attomoyafees must be reasonable. BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to Me terns and covenants contained in this Security Instrument and in any Rider executed by answer and recorded wilt, t. / LIATE an. PATRICK MKILE�Y j/J D�Ap X 1 f/NA _i. TJ��b 70 fSea11 7lT I L LEO DATE STATE of ) SS: COUNTY OF I certify thatthe following parson(s) personally appeared before me Nis day, each acknowledging W me that he or she voluntarily signed the foregoing document: PATRICK M KILEYAND GINA L LEONE. Data: ` (Official Seal) Official signalun of Notary ``ttpllllll///�'' yC�-crnn,ax�,lL L• MaA� -,aQ�PNiE���� N.m,s rind or typed name, MoneyPublk y� i I_ --TT '�77�pTgq{• 2 Z My eommisslan expire.: '—ttp—yi!/ w WIrJ jg Lender. First Bank NMLS 10: 47458/ Loan Originator. Nicholas Randall Frank NMLS 10: 182633 NORM WRODNAS,NIe Fwnily{amts tletlFntldir Man UNFOSMNSTm Fo,m30MIAI EAb Man, lnc Page g of 9 Initials: NCEEO aata/4W NcMnrub(cLS) WNS2bra(M.40AMPST JAN �2 3 2019 CITY 1610323 LOAN 0:28 0 0 018 0 73 MINa00/873-00007072944 SECOND HOME RIDER THIS SECOND HOME RIDER is made this 6th daY of June. 2015 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Sewrity Instrument') of the same date given b the undersigned(the'Borrower,'whether there are one or more persons undersigral y) to secure BOrrowef s Note to B Bink, a NC CorparatlOn (the "Lender") of the same date and covering the Property described in the Security Instrument (the 'Property'), which is located at: 2929 MILL CREEK ROAD, Newport, NC 29570. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and 8 of the Security or or agrees to the terms and covenants 61/?,wean MULTISTATE SECOND HOME RIDERSMIo Family-Fnnnle WNFeetldle Mae UNIFORM INe1NUMENT -ef F. NN 1M1 Iniftudw 81. Mnq Ina F3.9BpRDU 0307 F3agO u(CL5) WWG15ft,I0M1PST 1610323 Exhibit A The land referred to in this Policy is described as follows Lying and being in Hadowe Township, Carteret County, North Carolina Tract One: Beginning at a point on the north line of Mill Creek Road (SR 1154) which beginning point is located the following courses and distances from the northwest comer of lot 8Indlan Shores, Section 2, Map Book 30, page 141: from the northwest comer of lot 8 N 00.13-25 W 30.37 feet and N 00-01-19 E 30.34 feet to the paint of beginning; thence N 00-01-19 E along the east line of Loy Graham (Book 717, page 129) 1449.77 feet to an existing Iron rod on the south line of SR 1154; thence with the south line of SR 1154 as It curves easterly, southerly and westerly the following courses and distances: S 80-00-00 E 532.73 feet S 26-26-05 E 113.15 feet 6 29-15-25 E 128.51feetS38-15-25 E 126.71 feet S 43-23.65 E 28D.41 feet S 39-09-02 E 110.42 feet S 3059-34 E 93.45 feet S 13-12-55 E 77.48 feet S 02-4MI E 40.95 feet S 04-09138 W 42.17 feet, S 13-13-53 W 81.30 feet S 24-37-38 W 125,63 feet, S 35-4915 W 112.32 fast S 4850-21 W 52.40 feet S 54-08-40W 75.56 (eat S 68-45-13W 45.34 feat S 63-18-25 W 29.76 foal S 67-55-24 W 93.19feet S15-1637 W 38.01 feet S 72-17-56W 46.82 feet S 74-24-25 W 93.40 We. S 80.41-59 W 88.05 feet, S 87-11.44W 87.98 feat, N 853440 W 89.31 feet N 61-33-52W 93.01 feet and N 81-19.11 W 108.99 feet to the point of beginning. Tract Two: Beginning at an existing Iron pipe on the East line of SR 1154 located at the northwest comer of lot 1, Indian Shores, Section 1 as shown on a plat recorded in Map Book 29, page 802, Carteret County Regis", and running thence with the east line of SR 1154 N 30.59-34 W 107.47 feet and N 39-0902 W 114.68 feet to the south line of Chowan Holdings (see Book 1489, page 314); thence N 52.43-20 E 461.97 feet to Hadowe Craek; thence S 11-10.25 E and along Hadowe Creek 530.62 feet to a point; thence N 795653 W 346.98 feet to the point of beginning and being a tidal area containing. approximately 2.89 acres mora or lass. The above tracts a2 shown on a Stroud Engineering Plat dated April 3, 2017 and recorded in Map Book 33, page 487, Carteret County Registry, and in the event of a tllscrepancy between the metes and bounds description above and the plat the couress and distances on the plat shall control. I !i a%ME h fl�:D JAN 2 3 2019 1 1°r ,Fl u CH 4 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Patrick Kiley LOCATION OF PROJECT SITE: The project is located within an unnamed tributary off of Harlowe Creek adjacent to 2925 Mill Creek Road near Newport, Carteret County. Latitude: 34146'46.90"N Longitude: 76°43'48.29"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit —1/22/19 Was Applicant or Agent Present —Yes Photos Taken — No PROCESSING PROCEDURE: Application Received — cc: 3/25/19 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County (7/25/1997) Land Classification from LUP — Rural with Services (B) AEC(s) Involved: EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic Planned -None (F) Type of Development: Existing — Single family residence and dock Planned - Bridge (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED IN CORP/SHADED (A) Open Water 500 ft2 (B) High Ground1 11 11 460 ft2 I (E) Total Area Disturbed: 960 ft2 (F) Primary Nursery Area: Yes (G) Water Classification: SA; HQW Open: No (H) Cultural Resources: None Project Summary:; The applicant wishes to construct a bridge for private use traversing an unnamed tributary of Harlowe Creek, Carteret County. Field Investigation Report: . tk Kiley Page 2 Narrative Description: The property is adjacent to Harlowe Creek at 2925 Mill Creek Road in Mill Creek, Carteret County. This 30 -acre parcel is mostly developed with a single family residence. The adjacent properties are undeveloped. The elevation of the high ground of the parcel is about 8' above the normal high water level (NHW). Vegetation on the tract mainly consists of pine forest and Spartina alterniflora. This parcel has approximately 2,000' of continuous shoreline along Harlowe Creek and an unknown tributary (UT). Immediate offshore water depths range from —1' to —4' NHW. The subaqueous substrate is soft with shell. There is not a cultural resource in the nearby vicinity of the project area. This area of Harlowe Creek is approximately 600'across at this location, and this UT is 50' across. These estuarine waters are classified as a Primary Nursery Area. The area is closed to shellfish harvest. These waters of Harlowe Creek are classified as SA; High Quality Waters by the EMC. There is not an established, defined navigation channel within the vicinity of this project area. Proposed Development: The applicant wishes to construct an elevated vehicular bridge within a UT of Harlowe Creek, in Mill Creek. The proposed development will take place at 2925 Mill Creek Road, Carteret County. The proposed 10' wide and 96' long concrete "hog slat" bridge would be approximately 270' north of Mill Creek Road. The purpose of this development is to access the northern portion of the tract that is separated by a 50' wide tributary. There are no Coastal Wetlands within this portion of the tributary. Traditional marine construction methodology would be utilized during construction. The bridge would be elevated 5' above the normal high water level. Anticipated Impacts: The proposed bridge would shade 500 square feet of Estuarine Waters and Public Trust Area within Bogue Sound. This UT has a water depth of 0.5' at normal low water level and 2' deep at normal high water level. This project should not pose a hazard to navigation, as through navigation of this UT is impacted by Mill Creek Road (SR 1154) traversing it with culverts. A traditional marine construction vibratory method would be utilized during construction to install the bridge support pilings, with minimal turbidity impacts. There is not a cultural resource in the nearby vicinity of the project area. This project area is within the White Oak River Basin. These waters of Harlowe Creek are classified as a Primary Nursery Area and there is no submerged aquatic vegetation present in the vicinity of the project area. This area of Harlowe Creek is closed to shellfish harvest. These waters are classified as SA; High Quality Waters. There is not a defined navigation channel near the project area. Brad Connell March 28, 2019 Morehead City Project Narrative: To construct a 96' x 10' bridge over estuarine public trust waters of an unknown tributary of. Harlowe Creek. A structure is needed for vehicular access to the rear acreage of property. Bridge to be a height of 5' above the HWL and built with wood materials and or hog slat decking, capable of supporting a vehicle. Bridge to begin and terminate past the wetlands line at high ground. An alternative to the construction of a bridge could be a culvert placed in tributary channel and backfilled with fill dirt to connect the sections of high ground. MAR g "IV1 -V40 II'Y DOW APPLICATION for Major Development, Permit (last revised 12127106) go North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant! Landowner Information Business Name N/A Project Name (if applicable) 2925 Mill Creek RECE'v Applicant 1: First Name Patrick MI Last Name Kiley MAR 8 2019 Applicant 2: First Name MI Last Name It additional applicants, please atfach an additional page(s) with names listed. City Morehead City State NO Mailing Address 2925 Mill Creek Rd. PO Box City Newport Phone No. 2 - - ext. State NO ZIP 28570 Country Carteret Phone No. 443-418-5509 ext. FAX No. - - Street Address (if different from above) City State Email ZIP Email pkiley1260yahoo.com 2. Agent/Contractor Information Business Name Mud Bucket Dredging Agent/ Contractor 1: First Name Dean MI Last Name Barnes Agent/ Contractor 2: First Name MI Last Name Mailing Address 507 Hedrick Boulevard PO Box City Morehead City State NO ZIP 28557 Phone No. 1 252-241-1504 ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (f different from above) Qty State ZIP Email <Form continues on back> 252.808.2808 tt 1-888-4QZCOASi it www.nocoastaimanagement.net d Form DCM MP -1 (Page 2 of 4) APPLICATION for Major Development Permit 3. :PPblect Location : County (can be multiple) Street Address State Rd. # Carteret 2925 Mill Creek Rd. 1154 Subdivision Name City State Zip N/A Newport NC 28570 - Phone No. Lot No.(s) (rf many, attach additional page with list) ext. I r r r a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project White Oak River Basin Harlowe Creek c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade CJUnknown Newport River e. is proposed work within city limits or planning jurisdiction? C if applicable, list the planning jurisdiction or city ii jt tthh r� s ❑Yes ®No work falls within. N/A MAK 8 ZU19 4. Site Description k s a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 530 1306800 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NW L (nonnal water level) (If many lot sizes, please attach additional page with a llstj 10 ❑NHW or ®NWL e. Vegetation on tract Wooded f. Man-made features and uses now on tract Single family home g. Identify and describe the existing land uses acriatce to the proposed project site. Wooded tracks h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? Residential (Attach zoning compliance certificate, if applicable) ❑Yes []No ®NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes ❑No ®NA National Register listed or eligible property? <Form continues on next page> 252-808-2808 .: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP -1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes ❑No (iii) If yes to either (1) or (11) above, has a delineation been conducted? OYes ❑No (Attach documentation, ff available) n. Describe existing wastewater treatment facilities. an utility task vehicle or farm truck. Conventional Septic System c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type o. Describe existing drinking water supply source. IRAH 2019 County water Pop 9 p. Describe existing storm water management or treatment systems. � GITY None Construction of a bridge 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Qovemment 1JPrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. bridge to connect to back portion of property. The use will be limited to a single family residence and accessed by means of an utility task vehicle or farm truck. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Bridge will be built from wood pilings, braces, curbs and hog slat or wood decking. One mini excavator with a vibrator hammer will be used and stored locally on site d. List all development activities you propose. Construction of a bridge e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 720 OSq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes []No ®NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. N/A i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No ®NA if yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA J. Is there any mitigation proposed? []Yes []No ONA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :: 1.888-4RC®AST :: www.nccoastalmanagement.net Form DCM MP -1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP -1) the following Items below, N appilaable, must be submitted in order for the app#gatlon package to be complete. Items (a) -- (t) are always applicable to any major development appllcatlon. Please consult the applloation Instruction booklet on how to prgperly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Divislon of Coastal Management. Name Dean Graham Phone No. 252.725.1063 Address 107 Graham Lane Beaufort, NC 28516 Name David Livingston Phone No. 252.223.4811 Address 139 Mason Town Rd. Newport, NC 28570 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. NIA h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, If necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S.113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that 1 am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 03108/2019, Print Name _Patrick Kiley Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP -2 Excavation and Fill Information ❑DCM MP -3 Upland Development ❑DCM MP -4 Structures Information ®DCM MP -5 Bridges and Culverts LIAR 9 2019 i DGM-WD CITE`' 252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net RECEIVED Poral DOM MP -5 BRIDGES and CULVERTS MAR 8 2019 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete afl"otfier secfi ons of ie Joint Application that relate to this proposed project. Please include all supplemental information. 1. BRIDGES ❑ This section not applicable a. Is the proposed bridge: b. Water body to be crossed by bridge: ❑Commercial ❑Public/Govemment NPrivate/Community Unnamed tributary of Harlowe Creek c. Type of bridge (construction material): d. Water depth at the proposed crossing at NLW or NWL: Wood pilings, braces, curbs and hog slat or wood decking 6 inches e. (i) Will proposed bridge replace an existing bridge? ❑Yes ®No f. (i) Will proposed bridge replace an existing culvert? ❑Yes ®No If yes, If yes, (ii) Length of existing bridge: (ii) Length of existing culvert: (iii) Width of existing bridge: (iii) Width of existing culvert: (iv) Navigation clearance underneath existing bridge: (iv) Height of the top of the existing culvert above the NHW or (v) Will all, or a part of, the existing bridge be removed? NWL: (Explain) (v) Will all, or a part of, the existing culvert be removed? (Explain) 9• Length of proposed bridge: 96 feet h• Width of proposed bridge: 10 feet i. Will the proposed bridge affect existing water flow? ❑Yes ZNo j. Will the proposed bridge affect navigation by reducing or If yes, explain: increasing the existing navigable opening? ❑Yes ®No If yes, explain: k. Navigation clearance underneath proposed bridge: 5 feet I. Have you contacted the U.S. Coast Guard concerning their approval? ❑Yes ®No If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: 3 feet waters? ❑Yes ®No If yes, explain: 2. CULVERTS This section not applicable a. Number of culverts proposed: b. Water body in which the culvert is to be placed: t Form continues on back> c yr / # i :, r14. 4^ti- d s• !?i t S i Y hi Vis. v,. r" r�+"' iii 'Y a rt µ s dt i ES fy ire.ta Nf .i n%'Fy t sE. > i ..�a31 ._..i" Y € uA�txl s.f � a4" �> d- .d c. Type of culvert (construction material): d. (i) Will proposed culvert replace an existing bridge? e. (1) Will proposed culvert replace an existing culvert? []Yes []No ❑Yes ❑No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: _ (v) Will all, or a part of, the existing bridge be removed? (Explain) f. Length of proposed culvert: h. Height of the top of the proposed culvert above the NHW or NWL. j. Will the proposed culvert affect navigation by reducing or increasing the existing navigable opening? []Yes ❑No If yes, explain: If yes, (ii) Length of existing culvert(s): (iii) Width of existing culvert(s): (iv) Height of the top of the existing culvert above the NHW or NWL: (v) Will all, or a part of, the existing culvert be removed? (Explain) 9• Width of proposed culvert: I. Depth of culvert to be buried below existing bottom contour. k. Will the proposed culvert affect existing water flow? []Yes []No If yes, explain: 3. EXCAVATION and FILL 0 This section. not applicable a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ❑Yes ❑No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: c. (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? []Yes []No If yes, (ii) Avg. length of area to be excavated: (iii) Avg. width of area to be excavated: (iv) Avg. depth of area to be excavated: (v) Amount of material to be excavated in cubic yards: b. (i) Will the placement of the proposed bridge or culvert require any excavation within coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. []CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas. REGE-1\1ED MAR 8 � x: {. Y ^��+� �, 5 s s•t a ti.•'ic 'r. <^ r'4 ',r .r ix .� I ,. .. .+7.. f i � 7 -at 9 n t, d. if the placement of the bridge or culvert involves any excavation, please complete the following: (i) Location of the spoil disposal area: (ii) Dimensions of the spoil disposal area: (iii) Do you claim title to the disposal area? ❑Yes []No (If no, attach a lettergranting permission from the owner.) (iv) Will the disposal area be available for future maintenance? []Yes ❑No (v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SRVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV OWL ❑SB ❑None If any boxes are checked, give dimensions if different from (ii) above. (vi) Does the disposal area include any area below the NHW or NWL? ? ❑Yes El No If yes, give dimensions if different from (ii) above. e. (i) Will the placement of the proposed bridge or culvert result in any f. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to fill (other than excavated material described in Item d above) to be placed below NHW or NWL? ❑Yes ❑No be planed within coastal wetlandstmarsh (CW), submerged If yes, aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square (ii) Avg. length of area to be filled: feet affected. (iii) Avg. width of area to be filled: []CW []SAV ❑SB (iv) Purpose of fill: []WL ❑None (ii) Describe the purpose of the excavation in these areas: g. (i) Will the placement of the proposed bridge or culvert result in any fill (other than excavated material described in Item d above) to be placed on high -ground? ❑Yes [:]No If yes, (ii) Avg. length of area to be filled: (iii) Avg. width of area to be filled: (iv) Purpose of fill: a. Will the proposed project require the relocation of any existing b. Will the proposed project require the construction of any temporary utility lines? ❑Yes ZNo detour structures? ❑Yes SNo If yes, explain: If yes, explain: If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification. RECEIVED 4 Form continues on backs MAR 8 2019 -M HCITY ..: .f., �: 5,��-'.'�,z�... .,, r '"�g.� :•?i M'±rka r�'n v�§t:�r ..� 4j�42+,;Y�7<?'?Z'.�:T':�;:'..lt:I,§:'95sr;,�fi.�:s.✓�l?:�. ,_.%., �.,: `i i.?.':.��:.y �..,. W�,�z °t�-<.if lrtt.. i;�.,?'..j ��5+�'.�.3'�Kd�a E.,�€i,;�r'&.a:..: t�v.`8 YG$''•.v `"�:I 'C.c°F,' c."" +�+'' c. Will the proposed project require any work channels? , d. How will excavated or fill material be kept on site and erosion ❑Yes NNo controlled? If yes, complete Form DCM-MP-2. NIA e. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? Mini excavator with hydraulic vibrator hammer g. Will the placement of the proposed bridge or culvert require an shoreline stabilization? ❑Yes allo If yes, complete form MP -2, Section 3 for Shoreline Stabilization only. f. Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No If yes, explain steps that will be taken to avoid or minimize environmental impacts. REC,51VED Date` 03708/2019 Project ,�'6� „� H"IT"" , 2925 Mill Creek Z'. cad. i t x y_: J _ N 3s ...fix r m c. c j �. d .]�>3:.: ,: �`��'4n�.Rr ...,� : C r r "t 3 a ClA- aj�AO 3 w ,1 i 4- 40 Q wr o Jt 7 .wA I!' 6IR 8 NN ta Ea c vp ,n 6IR 8 NN 9) 1 A � H- 0b e� 3 MAJOR PERMIT FEE MATRIX Applicant: Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 �-- 2341) I. Private, non-commercial development that does not $250 100%0 ($250) 0%($0) 9 involve the filling. or excavation of any wetlands or open water areas: II Public or commercial ❑ development that does not$400 100% ($400) 0%($0) involve the filling or excavation of any wetlands or open water areas: ❑ Major Modification to a $250 100%($250) 0% ($0). CAMA Major permit III. For development that involves the filling and/or excavation'of up to 1 acre. of wetlands and/or open water areas, determine if A, B, C, or D below a lies: III(A). Private, non- commercial development, if $250 1.00% ($250) 0% ($0) General Water Quality Certification No. 4097 (See attached) can be applied:. III(B). Public or commercial development, if General $400 100%($400) 0%($0) Water Quality Certification No. 4097 (See attached) can be applied: III(C). If General Water ❑ Quality Certification No. 4097 $400 60% ($240) 40%($160) (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water ❑ Quality Certification No. 4097 $400 60%($240) 40%($460) (see attached) cannot be applied: IV. For development that ❑ involves the filling and/or $475 60%($285) 40%($190) excavation of more than one acre of wetlands and/or open water areas: ❑ Express Major Permit $2,000